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Home My WebLink About- - Appeal of PA-10-15 3183 Red Hill Ave - 10/19/2010CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 19, 2010 ITEM NUMBER: SUBJECT: APPEAL OF PLANNING APPLICATION PA -10-15 3183 RED HILL AVENUE DATE: OCTOBER 5, 2010 FROM: DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MINOO ASHABI, SENIOR PLANNER KIMBERLY BRANDT, DIRECTOR FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, (714) 745-5610 RECOMMENDATION: Receive and file. No further action is needed due to withdrawal of request. BACKGROUND: On August 9, 2010, the Planning Commission approved the proposed project on a 4-1 vote (Commissioner Fitzpatrick voting no) to establish an after school program (The Discovery School of Arts and Sciences) as an ancillary use within a new church facility at 3183 Red Hill Avenue, with the exception of the off-site parking. On August 16, 2010 an appeal was filed by Allen Matkins on behalf of the adjacent property owner at 3187 Red Hill Avenue. On September 7, 2010, at the request of the appellant, the City Council on a 5-0 vote continued hearing of the appeal to October 19, 2010 City Council meeting. Staff was notified that the church was not able to secure financing and was no longer in negotiations to acquire the property. On October 4, 2010, the applicant and the appellant submitted requests to withdraw the application and the appeal, respectively (Attachment 1). The reports and minutes of the meetings can be referred to at the following link: http://www.ci.costa-mesa.ca.us/CMCalendar.htm MINOO ASHABI, AIA V KIMBERLY BR6DT, AICP Senior Planner Development Services Director cc: City Manager Assistant City Manager City Attorney Public Services Director City Engineer Transportation Svs. Manager Fire Protection Analyst Staff (4) File (2) Scott vonKaenel Lundstrom and Associates 2923 Pullman Street, Suite A Santa Ana, CA 92705-5818 David Spiegel Spiegel Development, Inc. 22801 Ventura Blvd. Suite 111 Woodland Hills, Ca 91364 Matthew R. Fogt Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5t" floor Irvine, CA 92614-7321 Attachments: 1. Submitted letters File: 101910PA1015A eal I Date: 100710 1 Time: 3:30 p.m. A R C H 1 T E Minoo Ashabi Senior Planner City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92628 RE: Withdraw of Application Dear Miss Ashabi, ATTACHMENT 1 October 4, 2010 As agent of the owner, we are requesting that the planning application PA -10-15 be withdrawn. Please do not hesitate to contact me should you have any questions. Sincerely, Scott vonKaenel Associate, Lundstrom & Associates www.LundstromARCH.com LJLJ fU11111011 JIIGGI, JUIIG A., JJIIIV f111O1 VA JL/ VJ'JV 1 V phone: (949) 250-1772 fax: (949) 250-0207 From: Fogt, Matthew [mailto:mfogt@allenmatkins.com] Sent: Monday, October 04, 2010 1:57 PM To: ASHABI, MINOO Cc: Mary Subject: RE: 3183 and 3187 Red Hill, Costa Mesa, Ca. Minoo: Thank you for the email. As you are aware, we represent Weir Canal LLC. On behalf of my client, please withdraw our appeal conditioned upon the withdrawal of the underlying application. We understand that the property was sold to another buyer and thus the application from the church was withdrawn. Please contact me with any questions. Best regards, Matt Matthew Fogt Esq. Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614-7321 (949) 851-5453 (direct) _ (949) 241=4043 (cell) j (949) 553-8354 (fax) www.allenmatkins.com Allen Matkins From: FLYNN, CLAIRE Sent: Friday, October 01, 2010 3:11 PM To: 'Kathe Morgan'; Fogt, Matthew; ASHABI, MINOO Cc: Dr Jim; Herb; Jon; psapetto@sapettogroup.com Subject: RE: 3183 and 3187 Red Hill, Costa Mesa, Ca. Thank you for the information. For our records: The applicant (Kathe Morgan) would need to submit in writing that the application is officially withdrawn. The appellant (Allen Matkins) would need to submit in writing that the appeal is withdrawn. Thanks. Claire From: Kathe Morgan [maiito:kmorgan@lee-associates.com] Sent: Friday, October 01, 2010 2:37 PM To: Fogt, Matthew; FLYNN, CLAIRE; ASHABI, MINOO y Cc: Dr Jim; Herb; Jon; psapetto@sapettogroup.com Subject: RE: 3183 and 3187 Red Hill, Costa Mesa, Ca. Matt, Clair and Minoo: The extension is not necessary as I was notified that the property has closed and was sold to an investor represented by your client's (3187 Red Hill) broker Brian Garbutt. Thanks to all of you for your professional assistance with this matter - KATHE MORGAN CA Lic #00703611 Lee & Associates - Newport Beach, Inc. CA Lic #00197433 3991 MacArthur Blvd., Suite 100 Newport Beach, CA 92660 Direct 949.724.4761 Cell 949.689.8882 Fax 949.623.6361 kmorganOlee-associates.com Privileged and Confidential Communication. This communication and all documents attached hereto, are only for the use of the individual or entity to which it is addressed and intended, and may contain information that is privileged, confidential and prohibited from disclosure under applicable law. If you are.not the intended recipient of this communication (or responsible for delivering this communication to the intended recipient) "any use, distribution, disclosure or copying of this communication is -strictly prohibited. Ifyou-havereceived-this communication in - error, please notify the sender immediately and destroy the communication. Thank you. From. Fogt, Matthew [mailto:mfogt@allenmatkins.com] Sent: Friday, October 01, 2010 9:03 AM To: FLYNN, CLAIRE; ASHABI, MIN00; Kathe Morgan Cc: Mary Subject: RE: 3183 and 3187 Red Hill, Costa Mesa, Ca. Ms Flynn and Ms. Ashabi: Weir Canal hereby requests an extension of this matter until January. In the event the church goes back under contract, we consent to expediting the hearing. Kathe: Please advise as to whether your client continues to support an extension until January. Please contact me with any questions. Best regards, Matt Matthew Fo ty Esp. Allen Matkins Leck Gamble Mallory & Natsis LLP 1900 Main Street, 5th Floor, Irvine, CA 92614-7321 (949) 851-5453 (direct) (949) 241-4043 (cell) (949) 553-8354 (fax)